Legal Opinion

Hilliard v. McDaniels's Administrator

Supreme Court of Vermont

Decided October 15, 1874PublishedCited by 7 opinions

Appeal from the Probate Court for the District of Rutland. The case was this. Mrs. Hilliard was formerly the wife of Isaac McDaniels, and upon his death, was appointed administra-trix of his estate. She subsequently married the plaintiff, Miner Hilliard, whereby her authority as administratrix was extinguished.

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Appeal from the Probate Court for the District of Rutland. The case was this. Mrs. Hilliard was formerly the wife of Isaac McDaniels, and upon his death, was appointed administra-trix of his estate. She subsequently married the plaintiff, Miner Hilliard, whereby her authority as administratrix was extinguished. Thereupon the children of the deceased applied to the Probate Court for the appointment of Evelyn Pierpoint as administrator de bonis non, and the plaintiffs applied for the appointment of the plaintiff, Miner Hilliard, as such administrator, and the court appointed the said Pierpoint,…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

It is conceded in the argument that the appellants are so interested in the estate as to be entitled to take an appeal, provided the case is one in which an appeal can be taken *125at all under the provisions of the statute. In c. 48, s. 30, Gen. Sts., it is enacted that “any person'interested in any order, sentence, decree, or denial of any Probate Court, who considers himself injured thereby, may appeal therefrom,” &c. It is agreed that the appointment of one person an administrator, and the refusal to appoint another, on application of a…

2Cases cited2 opinions

  1. Adams v. AdamsSupreme Court of Vermont · 1849
  2. Lawrence v. EnglesbySupreme Court of Vermont · 1851

3Cited by7 opinions

  1. In re Welch's WillSupreme Court of Vermont · 1896
  2. Whitcomb v. Davenport's Est.Supreme Court of Vermont · 1891
  3. In re Bellows' EstateSupreme Court of Vermont · 1887
  4. In re the Estate of WeatherheadSupreme Court of Vermont · 1881
  5. Brown v. BrownSupreme Court of Vermont · 1894

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